Almost anything can act as a trademark. A sound, a smell, even a motion. Anything that is capable of distinguishing a distinct source of a product or service can be registered as a trademark. With this being the case, there are some pretty odd and peculiar trademark applications that get filed with the United States Patent and Trademark Office. Here are […]
Every few years a professional sports franchise starts up, moves cities, or changes names. Recently, we have welcomed the Las Vegas Golden Knights to the NHL (a brand-new team), the Los Angeles Chargers in the NFL (formerly the San Diego Chargers) and the not-so-recent New Orleans Pelicans in the NBA (formerly the New Orleans Hornets.) This year, the Oakland Raiders announced […]
Mobile apps are a multi-billion-dollar industry. Per one study, mobile apps grossed over 40 BILLION dollars in 2016 and that number is likely to grow. However, the competition within the industry is fierce and app developers need any advantage they can get to get ahead of competition. If you are an app developer, then there are a few essential things you […]
One day, while browsing through a competitor’s marketing catalog, a manufacturer of cheerleading uniforms came across cheerleading uniforms that were very similar to the company’s designs. This is how a dispute between two cheerleading uniform companies started, a case that went all the way to the Supreme Court and could have drastic implications in many creative industries. The Initial Question: Are […]
In the United Kingdom, Victoria and David Beckham have registered the name of their five year old daughter, Harper, with the United Kingdom Intellectual Property Office. Across the pond in the United States, Jay-Z and Beyoncé have recently applied to register their daughter’s name, Blue Ivy, with the United States Patent & Trademark Office for a wide variety of goods and […]
When you hear “March Madness,” it can only mean one thing: the National Collegiate Athletic Association (“NCAA”) National Championship Tournament. From its humble beginnings to its widely-known usage today, the NCAA’s March Madness® trademark represents a valuable asset that the NCAA fiercely protects. In fact, over 85% of the NCAA’s yearly budget comes from the advertising and marketing of its three-week […]
The health care industry is one of the fastest growing industries in the world. There is always a need for quality medical care and the industry is getting more and more crowded with new companies trying to make a splash and old companies trying to make sure that they are not getting ‘crowded out’ of the marketplace. If you have decided […]
Virtual reality technology is changing the face of media as we know it. As companies fight tooth-and-nail to protect the underlying technology through patents (for example, encoders and hardware) and copyrights (for the software), companies should not forget to develop a sound brand strategy that involves trademark clearance and protection. The adoption of new technology is, in many ways, about branding. […]
If you apply for a trademark that references a living president or a political candidate, prepare to be denied. Currently there are over 275 active trademark applications containing the word “TRUMP” and chances are, unless they were filed by Donald Trump or his family, then many of those applications will be denied. Why? Because the United States Patent and Trademark Office […]
These materials were originally presented by Eric Perrott to the American Bar Associations’s Committee on USPTO Operations Relating to the Trademarks and Ex Parte Trademark Practice as a part of their “brown bag” trademark discussions. As trademark attorneys, we have all needed to sift through complicated ownership structures to attempt to figure out exactly who is the correct owner of […]
Have you received a notice that someone has filed for an extension of time to oppose your trademark application with the Trademark Trial Appeal Board? You may be thinking: What does this mean?Am I getting sued?What are the next steps?Didn’t My Trademark Application Already Get Approved by the Government?Am I still going to get my trademark registration? Receiving a notice […]
If you applied to register your trademark, you may receive a notice in your e-mail inbox that looks like this: UNITED STATES PATENT AND TRADEMARK OFFICE (USPTO) IMPORTANT NOTICE REGARDING YOUR U.S. TRADEMARK APPLICATION USPTO OFFICE ACTION (OFFICIAL LETTER) HAS ISSUED ON 00/00/2016 FOR U.S. APPLICATION SERIAL NO.0000000 Please follow the instructions below: (1) TO READ THE LETTER: Click on this link or go to http://tsdr.uspto.gov/, enter the […]